TITLE 11. Offenses and Nuisances CHAPTER 1. State Statutes Adopted OFFENSES AGAINST STATE LAWS SUBJECT TO FORFEITURE.

Transcription

1 TITLE 11 Offenses and Nuisances Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 State Statutes Adopted Offenses Against Public Safety and Peace Offenses Against Property Offenses Involving Alcoholic Beverages Public Nuisances CHAPTER 1 State Statutes Adopted Offenses Against State Laws Subject to Forfeiture SEC OFFENSES AGAINST STATE LAWS SUBJECT TO FORFEITURE. The following statutes defining offenses against the peace and good order of the State are adopted by reference to define offenses against the peace and good order of the Town of Waukesha provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under the general penalty provisions of this Code of Ordinances. Any future amendments, revisions or modifications of the Statutes incorporated herein by reference are intended to be made part of this Code Throwing Refuse in Waters Jurisdiction Civil Law and Ordinance Violations Dispositions Civil Law and Ordinance Violations Dispositions Intoxicating Liquor and Beer Violations Disposition of Child Adjudged in Need of Protection Use of Tobacco Products Careless Smoking Safety Requirements School Zones; Crossings Safety Zones School Safety Patrols Control of Traffic on School Premises School Fences Reports and Records Truancy Cigarette and Tobacco Products Retailer License Restrictions on Sale or Gift of Cigarettes or Tobacco Products Fireworks Regulated Illegal Storage of Junked Vehicles (2) Aiding and Abetting

2 Sec State Statutes Adopted Words and Phrases Defined (1) Battery Failure of a Police Officer to Render Aid Negligent Operation of a Vehicle Negligent Handling of Burning Materials (2),(3) Interfering With or Failing to Assist in Fire Fighting False Alarms and Interference with Fire Fighting (1) Reckless Use of Weapon Carrying Concealed Weapon Carrying a Firearm in a Public Building Possession of Switchblade Knife Emergency Telephone Calls Fraudulent Tapping of Electric Wires or Gas or Water Meters or Pipes (1),(2) Obstructing Emergency or Rescue Personnel Opening Letters (1) Criminal Damage to Property Entry Into Locked Vehicle Entry Into Locked Coin Box Trespass to Land Trespass to Dwellings Criminal Trespass to a Medical Facility Entry Into Locked Site (3) Theft of Property (3) Fraud on Innkeeper Cheating Tokens (4),(5) Operating Vehicle Without Owner s Consent (1) Receiving Stolen Property Alteration of Property Identification Marks (3) Forgery Credit Card Crimes (4) Retail Theft Removal of a Shopping Cart Fornication Sexual Gratification Lewd and Lascivious Behavior Obscene Material or Performance Making Lewd, Obscene or Indecent Drawings Prostitution Patronizing Prostitutes Pandering Solicitation of Drinks Prohibited Definitions Relating to Gambling Gambling Permitting Premises to be Used for Commercial Gambling Refusing to Aid Officer Resisting or Obstructing Officer (2) Escape Encouraging Violation of Probation or Parole

3 Sec State Statutes Adopted Falsely Assuming to Act as Public Officer or Employee Impersonating Peace Officer (2) Tampering with Public Records and Notices Disorderly Conduct Unlawful Use of Telephone Harassment Littering Shores Unlawful Assemblies Definitions Relating to Crimes Against Children Sexual Intercourse With a Child Age 16 or Older Exposing a Sex Organ (1) Exposing a Child to Harmful Material Neglecting a Child Contributing to the Delinquency of a Child Strip Search by School Employee (3) Hazing Possession of a Dangerous Weapon by a Child (2) Dangerous Weapons on School Premises Receiving Property From a Child Definitions Relating to Crimes Against Animals Construction and Application Mistreating Animals Dognapping or Catnapping Leading Animal from Motor Vehicle Transportation of Animals Use of Poisonous and Controlled Substances Use of Certain Devices Prohibited Instigating Fights Between Animals Shooting at Caged or Staked Animals Sale of Baby Rabbits, Chicks and Other Fowl Artificially Colored Animals; Sale Providing Proper Food and Drink to Confined Animals Providing Proper Shelter Animals; Neglected or Abandoned; Police Powers Investigation of Animal Cruelty Complaints Reimbursement for Expenses

4 CHAPTER 2 Offenses Against Public Safety and Peace Discharge of Firearms Sale and Discharge of Fireworks Restricted (See Section 7-5-1) Loitering Prohibited Disorderly Conduct Obscenity Smoking Prohibited Drug Paraphernalia Establishing Curfews for Minors Shooting of Arrows, Stones, or Other Missiles Residency Restrictions for Sex Offenders SEC DISCHARGE OF FIREARMS. Prohibited Use. No center-fire rifle may be fired or discharged by any person within the Town of Waukesha. SEC SALE AND DISCHARGE OF FIREWORKS RESTRICTED. (See Section 7-5-1) No person shall use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Town of Waukesha unless he shall be authorized by a fireworks permit as provided in Title 7 of this Code of Ordinances. The term fireworks as used in this Section shall he defined as provided in Sec (1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel. SEC LOITERING PROHIBITED. General Regulation of Loitering or Prowling. No person shall loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this Section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him/her to identify himself and explain his/her presence and conduct. No person shall be convicted of an offense under this Subsection if the law enforcement officer

5 Sec Offenses Against Public Safety and Peace (c) (d) (e) (f) did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the law enforcement officer at the time, would have dispelled the alarm. Public Property Loitering Prohibited. (1) No person shall loiter in or about any public street, public sidewalk, street crossing, alley, bridge, public parking lot, or other place of assembly, or public use, Recycling Center, Town Hall, or Public Works after being requested to move by any law enforcement officer. (2) Upon being requested to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request. Private Property Loitering Prohibited. (1) No person shall loiter in or about any private premises or adjacent doorways or entrances or upon private property held out for public use, including, but not limited to, business or industry parking lots or shopping malls without invitation from the owner or occupant or by any person in authority at such places. (2) Upon being requested to move by any such person in authority or by any law enforcement officer, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request. Loitering or Prowling Prohibited. No person shall loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself/herself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this Section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him/her to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Subsection if the law enforcement officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the law enforcement officer at the time, would have dispelled the alarm. Loitering by Underage Persons Where Alcohol Beverage is Dispensed. (1) Underage Persons and Intoxicants. No underage person shall enter, remain or loiter in any public or private place where any fermented malt beverage or other alcohol beverage is sold, dispensed, given away or made available, unless accompanied by a parent, guardian or spouse who has attained the legal drinking age. (2) Permitting Loitering Permitted. No person of legal drinking age shall permit any underage person to enter, remain or loiter in any premises, public or private, where fermented malt beverages or other alcohol beverages are served, sold, dispensed, given away or made available, unless such underage person is accompanied by a parent, guardian or spouse who has attained the legal drinking age. Definitions. As used in this Section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: (1) Loiter. To sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop, pause or remain in an area for no obvious reason. (2) Nuisance. Unnecessary conduct which may tend to annoy, intimidate, threaten or otherwise disturb another in or about any public street, sidewalk, bridge or public ground which is offensive to the public morals or decency of the citizens of the Town of Waukesha. (3) Prowl. To move or roam about furtively, particularly on the property of another person.

6 Sec Offenses Against Public Safety and Peace SEC DISORDERLY CONDUCT. (c) Disorderly Conduct Prohibited. No person within the Town of Waukesha shall: (1) In any public or private place engage in violent, noisy, riotous, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to annoy or disturb any other person. (2) Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest. Disorderly Conduct With Motor Vehicle. No person shall make unnecessary and annoying noises with a motor vehicle, including motorcycles and all-terrain vehicles, by squealing tires, excessive acceleration of the engine or by emitting unnecessary and loud muffler noise. Defecating or Urinating in Public Places. It shall be unlawful for any person to defecate or urinate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking lot, park, playground, cemetery or other public area within the Town, or upon any private property in open view of the public, or in the halls, stairways or elevators of public or commercial buildings, or to indecently expose his/her person. SEC OBSCENITY. Distribution of Obscene Material Prohibited. It shall be unlawful for any person to send or cause to be sent, bring or cause to be brought into the Town of Waukesha, for sale or distribution, or for any person in the Town of Waukesha to prepare, publish, print, exhibit, distribute or offer to distribute, or have in his possession with intent to distribute or to exhibit or offer to distribute, any material that such person knows to be obscene as hereinafter defined. Definitions. (1) The word obscene shall apply to any work or material that depicts or describes acts of sexual intercourse between humans, normal or perverted, actual or simulated; acts of masturbation; fellatio; cunnilingus; acts of a sexually stimulated condition; and sexual relations between humans and animals, any of which taken as a whole by the average person applying contemporary community standards would be found to: a. Appeal to the prurient interest in sex; and b. Portray sexual conduct in a patently offensive way; and which, taken as a whole by the average person applying contemporary national standards, would be found not to have serious literary, artistic, political or scientific value. (2) The word material or work shall mean any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture, video tape, or other pictorial representation. (3) The word person shall mean any individual, partnership. firm, association, corporation or other legal entity. (4) The word distribute shall mean any transfer or possession with intent to transfer, whether with or without consideration. (5) The word know shall mean being aware, or having reason to he aware, of the nature of the materials alleged to be obscene.

7 Sec Offenses Against Public Safety and Peace SEC SMOKING PROHIBITED. (c) Definition. As used in this Section, the term smoking shall mean carrying a lighted cigar, cigarette, pipe or other lighted smoking equipment. Regulation of Smoking. No person shall smoke in any enclosed, indoor area of any Town building. Educational Facilities. Possession, smoking, and/or use of tobacco products is prohibited in all educational facilities, as that term is defined in Wis. Stat. Section (1), as well as all ground on which any educational facility is located. As used herein, the term "smoking" shall mean possession of a lighted cigarette, cigar, pipe, or any other lighted smoking equipment. As used herein, the term "possession of tobacco products" shall mean that a person has dominion or control over any tobacco product as provided in Wis. Stat. Section SEC DRUG PARAPHERNALIA. Definition. The term drug paraphernalia means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance as defined in Chapter 161, Wis. Stats., in violation of this Section. It includes. but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. (2) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance. (3) Testing equipment use, intended for use, or designed for use in identifying or analyzing the strength, effectiveness, or purity of controlled substances. (4) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances. (5) Diluents and adulterants, such as quinine hydrochloride mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting controlled substances. (6) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from and otherwise cleaning or refining marijuana. (7) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances. (8) Capsules, balloons, envelopes, or other containers used, intended for use, or designed for use in packaging small quantities of controlled substances. (9) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances. (10) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body. (11) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, including, but not limited to: a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls. b. Water pipe. c. Carburetion tubes and devices.

8 Sec Offenses Against Public Safety and Peace (c) d. Smoking and carburetion masks. e. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand. f. Miniature cocaine spoons and cocaine vials. g Carburetor pipes. h. Electric pipes. i. Air-driven pipes. j. Chillums. k. Bongs. 1. Ice pipes or chillers. Determination of Drug Paraphernalia. In determining whether an object is drug paraphernalia, the following shall be considered in addition to all other logically relevant factors: (1) Statements by an owner or by anyone in control of the object concerning its use. (2) Prior convictions, if any, of an owner or of anyone in control of the object under any Town, state, or federal law relating to any controlled substance. (3) The proximity of the object in time and space to a direct violation of this Section. (4) The proximity of the object to controlled substances. (5) The existence of any residue of controlled substances on the object. (6) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom the person knows or should reasonably know intend to use the object to facilitate a violation of this Section; the innocence of an owner or of anyone in control of the object as to a direct violation of this Section should not prevent the finding that the object is intended for use or designed for use as drug paraphernalia. (7) Oral or written instructions provided with the object concerning its use. (8) Direct descriptive materials accompanying the object which explain or depict its use. (9) National and local advertising concerning its use. (10) The manner in which the object is displayed for sale. (11) Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products. (12) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise. (13) The existence and scope of legitimate uses for the object in the community. (14) Expert testimony concerning its use. Prohibited Activities. (1) Possession of Drug Paraphernalia. No person may use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this Section. (2) Manufacture Sale or Delivery of Drug Paraphernalia. No person may sell, deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack:, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this Section. (3) Delivery of Drug Paraphernalia to a Minor. Any person eighteen (18) years of age or older who violates Subsection by delivering drug paraphernalia to a person under eighteen (18) years of age is guilty of a special offense.

9 Sec Offenses Against Public Safety and Peace (d) (4) Advertisement of Drug Paraphernalia. No person may place in a newspaper, magazine, handbill, or other publication any advertisement knowing that the purpose of the advertisement in whole or in part is to promote the sale of objects designed or intended for use as drug paraphernalia. (5) Exemption. This Subsection does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with Chapter 161, Wis. Stats. This Section does not prohibit the possession, manufacture, or use of hypodermics in accordance with Chapter 161, Wis. Stats. Penalties. (1) Any drug paraphernalia used in violation of this Section shall be seized and forfeited to the Town. (2) Any person who violates Subsections (c)(l), (2) or (4) shall upon conviction be subject to a forfeiture of not more than Five Hundred Dollars ($500.00) together with the costs of prosecution and upon default of payment be imprisoned in the County Jail until such forfeiture and costs are paid, hut not to exceed twenty (20 days. (3) Any person who violates (c)(3) shall upon conviction be subject to a forfeiture of One Thousand Dollars ($1,000.00) together \with the costs of prosecution and upon default of payment, be imprisoned in the County Jail until such forfeiture and costs are paid, but not to exceed forty (40) days. SEC ESTABLISHING CURFEWS FOR MINORS. Curfew Restrictions. (1) It shall be unlawful for any person under the age of 17 to congregate, loiter, wander, stroll, stand, or play in, or upon, the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, places of employment, vacant lots, or any public places in the Town of Waukesha, either on foot or in, or upon, any conveyance being driven or parked thereon, between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, and between 12:00 a.m. and 5:00 a.m. Friday and Saturday, unless accompanied by his or her parent, guardian, or other adult person having his or her care, custody, or control. Exceptions. This section shall not apply to a person under 17 years of age: (1) Who is returning home from a supervised school, church or civic function; (2) Whose employment makes it necessary to be upon the streets, alleys, public places, or any motor vehicle after such hour. (c) (d) Responsibility of Parents. It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a person under the age of 17 years to permit, or by inefficient control to allow, such person to violate the provisions of sub above. Any parent, guardian, or other adult person herein who shall have made a missing person notification to the Police Department shall not be considered to have suffered or permitted any person to be in violation of this section. Responsibility of Operators. It shall be unlawful for any person, firm, or corporation operating places of amusement or entertainment, or any agent, servant, or employee of any person, firm, or corporation to permit any person under the age of 17 years to enter or remain in such places of amusement or entertainment during the hours prohibited under this section, unless such person is accompanied by his or her parent, guardian, or other adult person having his or her care, custody, or control.

10 Sec Offenses Against Public Safety and Peace (e) (f) (g) (h) Responsibility of Hotel, Etc. It shall be unlawful for any person, firm, or corporation operating a hotel, motel, lodging, or rooming house, or any agent or servant or employee of such person, firm, or corporation operating a hotel, motel, lodging, or rooming house, to permit any person under the age of 17 years to visit, loiter, idle, wander, or stroll in any portion of such hotel, motel, lodging, or rooming house during the hours prohibited under this section; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care, custody, and control of such minor. Detaining a Minor. A minor believed to be violating the provisions of this ordinance may be taken to the Police Department for proper identification and may be detained for violating the provisions of this ordinance until such time as a parent, guardian, or other adult person having legal custody of the minor is immediately notified and the person so notified, as soon as reasonably possible, reports to the Police Department to take the minor into custody and signs a release for the minor. Penalties. Any person, firm, or corporation violating this section shall be subject to a forfeiture of not less than $55.00 nor more than $110.00, together with Court costs and assessments. Severability. If any provision, including any exception, part, phrase, or term, or the application thereof to any person or circumstance, is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of this ordinance, in any and all other respects, shall not be affected thereby. SEC SHOOTING OF ARROWS, STONES, OR OTHER MISSILES. Prohibited Use. (1) Throwing or shooting of arrows, stones, and other missiles prohibited. No person shall throw or shoot any object, arrow, stone, snowball, or other missile or projectile by hand, or by any other means, at any person, or at, in, or into any building, street, sidewalk, alley, highway, park, playground, vehicle, or other public place within the Town. Permitted Use. (1) A person may shoot a bow and arrow on private property for the purpose of target practice, but only if the following requirements are met: a. Only field tips or target tips may be attached to an arrow used for target practice on private property. Brodhead hunting tips including, but not limited to, razor tips, may not be attached to an arrow used for target practice. b. Material must be attached to the back of any target that will prevent an arrow from completely passing through it. c. The target must be placed so that arrows missing the target will not enter neighboring properties, or a building on the property may serve as a backstop. d. An adult must be physically present and supervising any person under the age of 16 while that person is target practicing with a bow and arrow. (2) Notwithstanding anything contained herein to the contrary, this ordinance shall not prohibit or restrict any person from using a bow and arrow for hunting, provided that the person has obtained all required hunting licenses and is hunting in accordance with the regulations governing the issuance and use of those licenses.

11 Sec Offenses Against Public Safety and Peace SEC SEX OFFENDER RESIDING WITHIN 2,000 FEET OF SCHOOLS, DAYCARE CENTERS, PARKS AND OTHER SPECIFIED FACILITIES AND USES PROHIBITED; CHILD SAFETY ZONES Purpose. This Ordinance is a regulatory measure intended to protect the health and safety of children in Town of Waukesha from the risk that convicted sex offenders may reoffend in locations close to their residences. The Town finds and declares that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be recrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders and that reducing opportunity and temptation is important to minimizing the risk of reoffense, there is a need to protect children where they congregate or play in public places in addition to the protections afforded by state law near schools, day-care centers and other places children frequent. The Town finds and declares that in addition to schools and day-care centers, children congregate or play at public parks. Definitions. As used in this Chapter and unless the context otherwise requires: (1) A "sexually violent offense" shall have the meaning as set forth in Wis. Stat (6), as amended from time to time. (2) A "crime against children" shall mean any of the following offenses set forth within the Wisconsin Statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, respectively: (1) First Degree Sexual Assault; (2) Second Degree Sexual Assault; (3) Third Degree Sexual Assault; (2) Sexual Exploitation by Therapist; False Imprisonment-victim was minor and not the offender's child; Kidnapping-victim was minor and not the offender's child; Rape (prior statute); Incest; Sexual Intercourse with a Child (prior statute); Indecent Behavior with a Child (prior statute); Enticing Child for Immoral Purposes (prior statute); (1) First Degree Sexual Assault of a Child; (2) Second Degree Sexual Assault of a Child; Engaging in Repeated Acts of Sexual Assault of the Same Child; Sexual Exploitation of a Child; Causing a Child to View or Listen to Sexual Activity; Incest with a Child; Child Enticement; Use of a Computer to Facilitate a Child Sex Crime; Soliciting a Child for Prostitution; Sexual Assault of a Student by School Instructional Staff; (2) or (am) Exposing Child to Harmful Material-felony sections; Possession of Child Pornography; Convicted Child Sex Offender Working with Children; Abduction of Another's Child; Not Guilty by Reason of Mental Disease-of an included offense; and Sex Crimes Law Commitment.

12 Sec Offenses Against Public Safety and Peace (3) "Person" means a person who has been convicted of or has been found delinquent of or has been found not guilty by reason of disease or mental defect of a sexually violent offense and/or a crime against children, (4) Residence" ("reside") means the place where a person sleeps, which may include more than one location, and may be mobile or transitory. (c) Residency restrictions. A person shall not reside within two thousand feet of the real property comprising any of the following: (1) Any facility for children (which means a public or private school, a group home, as defined in (7), Stats., a residential care center for children and youth, as defined in (15d), Stats., a shelter care facility, as defined in (17), Stats., a foster home, as defined in (6), Stats., a treatment foster home, as defined in (17q), Stats., a day care center licensed under 48.65, Stats., a day care program established under (14), Stats., a day care provider certified under , Stats., or a youth center, as defined in (22), Stats.;) and/or (2) Any facility used for: a. a public park, parkway, parkland, park facility; b. a public swimming pool; c. a public library; d. a recreational trail; e. a public playground; f. a school for children; g. athletic fields used by children; h. a movie theatre; i. a daycare center; j. any specialized school for children, including, but not limited to a gymnastics academy, dance academy or music school; k. a public or private golf course or range; and l. aquatic facilities open to the public; m. a private recreational facility designed or operated for the purpose of providing recreational activities primarily for children under 12 years of age. The distance shall be measured from the closest boundary line of the real property supporting the residence of a person to the closest real property boundary line of the applicable above enumerated use(s). A map depicting the above enumerated uses and the resulting residency restriction distances, as amended from, time to time, shall be approved by resolution adopted by the Town Board, and shall be maintained on file in the Office of the Town Clerk for public inspection. In determining the residency restriction distances, the Town Board may include those enumerated uses located outside the Town boundaries, but within 2000 feet of the Town boundary. (d) Residency restriction exceptions. A person residing within two thousand feet of the real property comprising any of the uses enumerated in (c) above, does not commit a violation of this Ordinance if any of the following apply:

13 Sec Offenses Against Public Safety and Peace (1) The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility. (2) The person has established a residence prior to the effective date of this Ordinance, which is within two thousand feet of any of the uses enumerated in (c) above, or such enumerated use is newly established after such effective date and it is located within such two thousand feet of a residence of a person which was established prior to the effective date of this Ordinance. (3) The person is a minor or ward under guardianship. (e) Original domicile restriction. In addition to and notwithstanding the foregoing, but subject to (d) above, no person and no individual who has been convicted of a sexually violent offense and/or a crime against children, shall be permitted to reside in the Town of Waukesha, unless such person was domiciled in the Town of Waukesha at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children. (f) Child safety zones. No person shall enter or be present upon any real property upon which there exists any facility in the Town used for or which supports a use of: a. a public park, parkway, parkland, park facility; b. a public swimming pool; c. a public library; d. a recreational trail; e. a public playground; f. a school for children; g. athletic fields used by children; h. a movie theatre; i. a daycare center; j. any specialized school for children, including, but not limited to a gymnastics academy, dance academy or music school; k. a public or private golf course or range; l. aquatic facilities open to the public; and m. a private recreational facility designed or operated for the purpose of providing recreational activities primarily for children under 12 years of age. n. any facility for children (which means a public or private school, a group home, as defined in (7), Stats., a residential care center for children and youth, as defined in (15d), Stats., a shelter care facility, as defined in (17), Stats., a foster home, as defined in (6), Stats., a treatment foster home, as defined in (17q), Stats., a day care center licensed under 48.65, Stats., a day care program established under (14), Stats., a day care provider certified under , Stats., or a youth center, as defined in (22), Stats.) A map depicting the locations of the real property in the Town of Waukesha supporting the above enumerated uses, as amended from time to time, shall be approved by resolution adopted by the Town Board, and shall be maintained on file in the Office of the Town Clerk for public inspection.

14 Sec Offenses Against Public Safety and Peace (g) Child safety zone exceptions. A person does not commit a violation of (f) above and the enumerated uses may allow such person on the property supporting such use if any of the following apply: (1) The property supporting an enumerated use under (f) also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions: a. Entrance and presence upon the property occurs only doing hours of worship or other religious program/service as posted to the public; and b. Written advance notice is made from the person to an individual in charge of the church and approval from an individual in charge of the church as designated by the church is made in return, of the attendance by the person; and c. The person shall not participate in any religious education programs which include individuals under the age of 18. (2) The property supporting an enumerated use under (f) also supports a use lawfully attended by a person's natural or adopted child(ren), which child's use reasonably requires the attendance of the person as the child's parent upon the property, subject to the following conditions: a. Entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public; and b. Written advance notice is made from the person to an individual in charge of the use upon the property and approval from an individual in charge of the use upon the property as designated by the owner of the use upon the property is made in return, of the attendance by the person. (3) The property supporting an enumerated use under (f) also supports a polling location in a local, state or federal election, subject to the following conditions: a. The person is eligible to vote; b. The designated polling place for the person is an enumerated use; and c. The person enters the polling place property, proceeds to cast a ballot with whatever usual and customary assistance is provided to any member of the electorate; and the person vacates the property immediately after voting. (4) The property supporting an enumerated use under (f) also supports an elementary or secondary school lawfully attended by a person as a student, under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school. (h) Violations. If a person violates any of the above, by establishing a residence or occupying residential premises within two thousand feet of those premises as described therein, without any exception(s) as also set forth above, the Town Attorney, upon referral from the Sheriff s Department and the written determination by the Sheriff s Department that upon all of the facts and circumstances and the Purpose of this Ordinance, such residence occupancy presents an

15 Sec Offenses Against Public Safety and Peace activity or use of property that interferes substantially with the comfortable enjoyment of life, health, safety of another or others, shall bring an action in the name of the Town in the Circuit Court for Waukesha County to permanently enjoin such residency as a public nuisance. If a person violates any of the above, in addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under Title of the Town Code. Each day a violation continues shall constitute a separate offense. In addition, the Town may undertake all other legal and equitable remedies to prevent or remove a violation of this Ordinance."

16 CHAPTER 3 Offenses Against Property Destruction of Property Prohibited Littering Prohibited Abandoned Refrigerators Prohibited Trespass Damage to Public Property Cemetery Regulations Penalties SEC DESTRUCTION OF PROPERTY PROHIBITED. Destruction of Property. No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature within the Town of Waukesha and belonging to the Town or its departments, or to any private person, without the consent of the owner or proper authority. Parental Liability. Pursuant to Sec , Wis. Stats., the parents of an unemancipated minor shall be liable for the damage of property caused by the willful, malicious or wanton act of such child; such liability shall not exceed Two Thousand Five Hundred Dollars ($2,500.00). SEC LITTERING PROHIBITED. Littering Prohibited. No person shall throw any glass, refuse or waste, filth or other litter upon the streets, alleys, highways, public parks, public right-of-ways, or other property of the Town, or upon any private person or the surface of any body of water within the Town. Litter From Conduct of Commercial Enterprise. (1) Scope. The provisions of this Subsection shall apply to all sales, promotions and other commercial ventures that result in litter being deposited on any street, alley or other public way. (2) Cleanup of Litter. Any person, firm, corporation or association carrying on an enterprise that results in litter being deposited on any street, alley or other public way shall clean up the same within twenty-four (24) hours of the time the same is deposited or immediately if such litter or debris presents a traffic or safety hazard. If any such litter is subject to being blown about, it shall be picked up immediately. If any such litter is likely to attract animals or vermin, such litter shall be picked up immediately. (3) Litter Picked Up at Litterer s Expense. If any person, firm, corporation or association fails to pick up any litter as required by Subsection (1) within the time specified, the Town shall arrange to have the same picked up by Town crews or by private enterprise. Applicable bidding procedures shall be used for any arrangement for the use of private enterprise to pick up such litter. The entire expense of picking up such litter, together with an additional charge of twenty percent (20 ) for administrative expenses, shall be charged to the person, firm, corporation or association that did the littering. If such sum is not promptly paid, steps shall be taken, with the advice of the Town Attorney s office, to collect the same. This charge shall be in addition to any forfeiture or other penalty for violation of this Section.

17 Sec Offenses Against Property (c) Dumping of Refuse and Grass Along Roads. Except for temporary placement up to six (6) hours, no person shall deposit any refuse, leaves or grass clippings in any gutter along any public street, road, alley, public right-of-way or highway. (d) Depositing of Materials Prohibited. Except as provided in Subsection (c), it shall be unlawful for any person to deposit, cause or permit to be deposited, placed or parked any vegetation, earth, sand, gravel, water, snow, ice, debris, waste material, foreign substance, construction materials, equipment or object upon any street, sidewalk or public property without authorization of the Town Board, or its designee, pursuant to the provisions of this Code of Ordinances, or upon any private property without the consent of the owner or lessee of the property. Any person who deposits, causes or permits to be deposited, placed or parked any such materials, equipment or objects upon any street, sidewalk or property shall be responsible to properly mark or barricade the area so as to prevent a safety hazard. (e) Handbills. (1) Scattering Prohibited. It shall be unlawful to deliver any handbills or advertising material to any premises in the Town except by being handed to the recipient, placed on the porch, stoop or entrance way of the building or firmly affixed to a building so as to prevent any such articles from being blown about, becoming scattered or in any way causing litter. (2) Papers in Public Places Prohibited. It shall be unlawful to leave any handbills, advertising material or newspapers unattended in any street, alley, public building or other public place, provided that this shall not prohibit the sale of newspapers in vending machines. (3) Advertisements Upon Public or Private Property. No person shall place any advertisement upon any public property or any street, alley or public ground or upon any private property situated and fixed in any street, alley or public ground or upon any other private property, except by the permission of the owner thereof, but this Section shall not apply to the posting of notices required by law. SEC ABANDONED REFRIGERATORS PROHIBITED. No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children any abandoned, unattended or discarded freezer, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing said door or lid, snap lock or other locking device from said ice box, refrigerator or container, unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened. SEC TRESPASS. Purpose. This Section is created for the purposes of securing to the residents of the Town of Waukesha their rights to enjoyment and use of land and property by providing an efficient and orderly method of enforcement of such rights. This ordinance is enacted under the authority of sections of the Wisconsin Statutes and acts amendatory thereto. Short Title. This Section may be referred to and cited as the Town of Waukesha Trespass Ordinance.

18 Sec Offenses Against Property (c) (d) (e) (f) Violations. It shall be unlawful and a violation of this Section for any person to commit any of the following acts: (1) Enter upon any enclosed or cultivated land of another with intent to catch or kill any birds, animals, or fish on such land or gather any products of the soil without the express or implied consent of the owner or occupant to engage in any such activities. (2) To enter or remain on any land of another after having been notified by the owner or occupant not to enter or remain on such premises. (3) To hunt, shoot, fish, or gather any product of the soil on the premises of another, or enter said premises with intent to do any of the foregoing after having been notified by the owner or occupant not to do so. (4) To enter upon any enclosed or cultivated land or another with a vehicle of any kind without the express or implied consent of the owner or occupant. (5) To erect upon the land of another any sign which is the same as or similar to the type of sign described in Subsection (d), unless authorized to do so by the owner of the lands involved. Posting of Lands. For lands to be posted against entry by another under this Section, a sign at least eleven (11) inches square must be placed in at least two (2) conspicuous places for every forty (40) acres sought to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word owner if the person giving the notice is the holder of legal title to the land and by the word occupant if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as herein provided were erected or in existence upon the premises to be protected within six (6) months prior to the event complained of shall be prima facie proof that the premises to be protected were posted as herein provided. How Entry Denied. A person has received notice from the owner or occupant within the meaning of this Section if he has been notified personally, either orally or in writing, or if the land is posted. Failure to Post. The failure of any person or occupant to post his or her lands shall not be deemed to constitute consent of such owner or occupant to any uninvited entry by another. Any entry by a person other than the lawful owner or lawful occupant of land or building shall constitute a violation of this ordinance if such entry is made under circumstances tending to create or provoke breach of the peace. SEC DAMAGE TO PUBLIC PROPERTY. Damaging Public Property. No person shall climb any tree or pluck any flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove, or in any manner injure or deface, write upon, defile or ill use any tree, shrub, flower, flower bed, turf, fountain, ornament, statue, building, fence, apparatus, bench, table, official notice, sign, bridge, structure or other property within any park or parkway, or in any way injure, damage or deface any public building, sidewalk or other public property in the Town. Breaking of Street Lamps or Windows. No person shall break glass in any street lamps or windows of any building owned or occupied by the Town.

19 Sec Offenses Against Property SEC CEMETERY REGULATIONS. (c) Purpose and Definition. In order to protect cemetery areas within the Town from injury, damage or desecration, these regulations are enacted. The term cemetery as hereinafter used in this Section shall include all cemetery property, grounds, equipment and structures, both privately and publicly owned, which are located within the Town of Waukesha. Authority to Establish Rules and Regulations. The cemetery property owner shall have the authority to establish reasonable rules and regulations to regulate and govern the operation of any cemetery in accordance with state law and this Code of Ordinances. The cemetery property owner shall reserve the right to prohibit and regulate the planting or placement of any flowers, plants, vines, shrubs, trees, flower pots, urns or other objects on cemetery property. Placements of any such plantings, containers or objects shall be in accordance with established regulations of the cemetery property owner. Specific Regulations. (1) Disturbing Cemetery Property. No person shall cut, remove, damage or carry away any flowers, plants, vines, shrubs or trees from any cemetery lot or property, except the owner of the cemetery lot or a person with the cemetery lot owner s consent or any cemetery employee or representative engaged in official cemetery duties for the cemetery owner; nor shall any person without proper authority remove, deface, mark or damage in any manner any cemetery markers, headstones, monuments, fences or structures; nor shall any person without proper authority remove, damage or destroy any vases, flower pots, urns or other objects which have been placed on any cemetery lot; nor shall any person move or remove any cemetery equipment without the owner s consent. (2) Protection of Cemetery Property. No person shall trap in any cemetery without specific written authorization of the owner; nor shall any person kill, injure or disturb or attempt to injure or disturb any animals, birds or waterfowl, wild or domestic, within any cemetery in any manner except as provided by this Code of Ordinances; nor shall any person climb any tree, break, cut down, trample upon, remove or in any manner injure, deface, write upon or in any manner damage any tree, shrub, flower, flower bed, turf, grassy area, soil, building, structure, equipment, official notice, sign or other property within any cemetery. (3) Motor Vehicles. Motor vehicles are restricted to the roads and drives and parking areas. Except for authorized maintenance vehicles, no person shall operate an unlicensed or licensed motorized vehicle on any cemetery property outside of areas specifically designated as parking areas or areas where the operation of such vehicles is specifically permitted. It shall be unlawful for a person to engage in any off-roadway operation of a motorized vehicle on cemetery property without the owner s consent. (4) Speed Limit. No person shall operate any motorized vehicle in any cemetery in excess of fifteen ( 15) miles per hour unless otherwise posted (5) Parking. No person, without the owner s consent, shall park any motor vehicle in any cemetery on any grassy or seeded area or upon any location except a designated parking area; nor shall any person park a motor vehicle on cemetery property for any purpose except engaging in official cemetery business. Any unlawfully parked motor vehicle may be towed or removed by the cemetery property owner at the vehicle owner s expense. (6) Littering Prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any cemetery without the owner s consent. (7) Pets. Pets, including animals of any species, are prohibited in any cemetery without the cemetery owner s consent. (8) Sound Devices. No person shall operate or play any amplifying system or sound device m any cemetery without the owner s consent